State v. Greene

Banke, Chief Judge.

The state appeals an order excluding from evidence the results of the defendant’s blood-alcohol test in his prosecution for driving under the influence. The defendant contended in his motion in limine seeking to exclude the test results that the test was administered following an illegal arrest, that he was not advised of his right to an independent test in accordance with OCGA § 40-6-392, and that the machine on which he was tested was not properly maintained, repaired, or calibrated. The trial court did not specify the basis for its ruling.

The evidence introduced at the…